Querist :
Anonymous
(Querist) 18 January 2012
This query is : Resolved
sir i have taken some documents from Police Station according to Right to information Act. i filed those documents in the court in my case it is matrimonial issue going on in the court. those documents were marked as exhibits. during the time of marking the documents respondents advocate made oral objection. the same was entered in evidence deposition. after my evidence the respondent did not entered the witness box and just filed that the evidences which i filed in my matrimonial case are sufficient to decide my OP to declare my marriage with her as null and void as her first marriage is still in subsisting. but in written arugments she is stating that with out calling Public information Officer documents will not be proved. sir my doubts are: a. when she has not entered the witness box can she to call PIO. b. will court will take decision to call the PIO. c. the respondent should file any separately IA to call PIO.
Raj Kumar Makkad
(Expert) 18 January 2012
a. It was your duty to call PIO with his original record to prove the documents obtained by you from police authorities under RTI Act. Documents obtained under RTI Act have no binding effect over Evidence Act and these are not perse admissible
b. No. Court has not to do this rather this the duty of the parties concerned. You may do so in your additional evidence.
c. No. He who so ever asserts must prove. it is your duty to prove and not of the respondent.
Shonee Kapoor
(Expert) 18 January 2012
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Deepak Nair
(Expert) 19 January 2012
Yes. Rightly advised by Mr.Makkad
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